17 March 1863
My Lord Duke,
In my letter to your Grace of the
3rd November last I had the honour
to place before your Grace the sketched Maps of the property which
Mr W.A. Young had forwarded to the Company
for for Conveyance to the
Crown and I was not aware that there was any difficulty in regard to
them except as to the site to be reserved for the Harbour Master. I
however immediately wrote out to the Company's Agents with directions
to have a plan made of the whole Island shewing exactly, also what
had been disposed of and what remained for the Government, and I
ventured to suggest that your Grace should give instructions to the
Agents of the Crown for the Colony to make a similar plan. Indeed I
was surprised to find from
Governor Douglas' letter that he should
not have provided himself with a correct plan of
the the whole Island,
and of the different holdings by parties who had acquired any portion
of it.
I have always understood that there was such a plan in the Office of
the Colonial Secretary, although it has been intimated to us that
alterations have from time to time been made in it.
I beg to assure your Grace that it is the earnest desire of this
Company to adhere most strictly and in perfect good faith to the
conditions of the Agreement entered into with the Government and I
quite assent to your Grace's suggestions
that that no grants made by the
Company within the
Victoria reserve after the
1st of January 1862
ought to be recognised by Her Majestys Government, unless it could be
shown that the negociations for them had proceeded so far before that
date as to make their completion a matter of right, and it has never
been intended to raise any question as to the right of the Crown to
receive the price of any land sold after the
1st of January 1862.
My belief is that it will be found that there is none such.
It is quite obvious that
Governor Governor Douglas' communications are
conceived in a spirit of hostility to the Company and their
representatives in the Island, and it is very strange that as the
reserve in question was planned by himself while in the Company's
employ that he should not have himself any map or plan shewing its
exact boundaries.
I am however now enabled to inform your Grace that by the last Mail
we have received from our Agent
Mr Mctavish full particulars of the
land to revert to the Crown with a Map shewing its exact position and
I
I cannot do better than transmit herewith for your Grace's
information a copy of the plan and of a letter from
Mr Mactavish in
reference to it. The plan was forwarded by
Mr Mctavish to
Mr Young
the Colonial Secretary on the
7th of January last.
I beg to add that from the communications received from the Company's
Officials it is quite clear that the mention of Fort Street as the
site of the Office for the Harbour Master instead of Broughton Street
was purely a clerical mistake, as in the Company's plan in
the the Island
it is marked as being at the foot of Broughton Street, and the land
at the foot of Fort Street is covered with buildings long previously
erected by the Company and occupied by their Officers, and the clear
understanding was that the Office for the Harbour Master was to be
erected on a part of the vacant ground.
I hope therefore that your Grace will give instructions to His
Excellency
Governor Douglas for the correction of this error.
I have the honor to be,
My Lord Duke,
Your Grace's most obedient
humble Servant,
H.H. Berens
Govr
P.S. Since the above was written a letter has been received from
Mr Dallas dated
January 21st 1863 in which he defends himself from
the charge brought against him of having led Her Majestys Secretary
for the Colonies into error with respect to the arrangement concluded
for the settlement of the Company's Land Claims at
Victoria; and in
compliance with
Mr Dallas request I have the honour of transmitting
a copy of the letter herewith.
H.H. Berens
Govr
Documents enclosed with the main document (not transcribed)
Dugald Mactavish, Chief Factor, Hudson's Bay Company, to
Thomas
Fraser, Secretary, Hudson's Bay Company,
21 January 1863, forwarding
correspondence relating to the settlement of the land question, with
explanation of the quantities of land to revert to the Crown.
Mactavish to
W.A.G. Young, Colonial Secretary,
7 January 1863,
forwarding copy of a map showing the land to the south and west of
James Bay and providing a detailed explanation of its contents.
Young to
Mactavish,
8 January 1863, acknowledging receipt of his
letter and enclosure and advising that they had been laid before the
governor for his immediate consideration.
A.G. Dallas to
Fraser,
20 January 1863, commenting at length on
the charge that he had "led the Government into error, and that they
had expected more land then they were likely to obtain."
Other documents included in the file
Draft reply,
Newcastle to
Douglas, No. 19,
14 May 1863, which informs
Douglas that
Newcastle received his despatches and has transmitted them to the HBC, forwards a copy of
Berens' reply, and advises
Douglas on matters of correspondence with the HBC.
Elliot to Emigration Commissioners,
20 March 1863, forwarding copy of the
letter and enclosures for their suggestions and observations.